The Prosperity Of Chinese Public Sphere In The Contemporary Era And Construction Of The State Ruled By Law

"public sphere" has been under study in the Western context. German Jurgen Habermas`s "public sphere restructuring," translated into Chinese has become academic hot spots since the last ten years of twenty cencury. With the in-depth study to explore not only remain wether the existence of the public sphere in China, The more important problem is that the public sphere exists for achieving democracy and the rule of law, the role of the State. As the ancient Greek community public sphere was viewed as "freedom and eternal world," it contains the spirit of democracy itself. Today, in particular the introduction of representative democracy, the ideal of the public sphere has become an effective way of direct democracy.Modern society is a democratic society that is ruled by law. Democracy is the foundation of the rule of law, or more precisely, political acts on the basis of legitimacy; meanwhile democracy requires the rule of law. Both entities and the procedures are in need of the rule of law.As a field of social life in the public sphere, there is universal in nature. Its existence has close relations with economy, policy, science. It has a prerequisite that is the separation between the state and society, the private sphere and the public sphere. With the establishment of the market economy in China the public sphere, the deepening of democracy and the construction of the rule of law , the arrival of the era and the rise of the information network.the rise of the public sphere has a major impact on China's democracy and the rule of law.First, the emergence of the public sphere is an inevitable result of the public pursuit of democracy. The rise of the public sphere promotes positive interaction between the state and civil society and promotes the new formation through negotiations solving problems.Second, the rise of China's public sphere has a major impact on the building of our country. Provide a basis for the legitimacy of our political behavior that will be beneficial to the country and form a democratic mechanism, to enhance the social constraints on the national political efforts. It helps to strengthen the rights of citizens, build civil society in the capital; more important is the emergence of the public sphere is expanding the social basis for the rule of law, governance law will be led by the public, which led to the transformation of the mode of development of the rule of law.Third, althouhg China's public sphere have a tremendous role in the emergence of the rule of law, as the realization of democracy, It also requires the rule of law, that is to say, the rise of the public sphere demands the rule of law :the law was enacted according to the will of the people and establish the authority of law, the authority of the state was restrained by the legitimacy and the people, the law must protect the rights of citizens. Only democracy can tuly realize the rule of law and only the rule of law can protect democracy. Thus the public sphere embark on a track of sound development of the public sphere.This article was specifically divided into the following four parts :Part one: the basic theory of Jurgen Habermas`s "public sphere". Section one :Definination the concept of the public sphere. It has a rich public sphere content and the scope of its classification can be understood from a different perspective. But its core and universal meaning: it exists between between the state and society,because of the concerning of common interests the public discuss and reach consensus thus the "public opinion" in the fields of social life. Due to its "critical public opinion" at the core, so on this point is universal.Section two: Elements foundation and the existence of the public sphere. Phase separation of the state and society based on the public sphere, the public sphere and private areas of phase separation as a precondition, of the market economy. Information democracy and the establishment of mechanisms for direct cause and the social spheres of life. On the basis of the existence of the public sphere, is to carry out comparative analysis of the Elements. Contemporary Chinese society in the public domain can find the reasons for the rise.Section three : The public sphere is a democratic front. "Public" nature of the public sphere is a "critical public opinion" as the core, Habermas in the "restructuring of the public shpere," Lane said : "Originally, the public is a sense of the principle of democracy." public domain is the concept of democracy and democratic unification mechanism : the public sphere is the extensive public participation in political life as a precondition, the broader public in the public sphere. The higher participation in the society more democratic; the public sphere as well as an effective way of democracy, Today, in particular the introduction of representative democracy. the public sphere is conducive to the public through the "public opinion" to influence the direction of the country and political constraints, Through the public domain and functional integration of benign interaction between the state and society.Part two: the relationship between the public sphere and democracy and the rule of law.Section one : Modern society is a democratic country ruled by law concept of democracy and rule of law, basic human rights is the people's sovereignty and unity. Is the foundation of democracy, namely the political legitimacy of national infrastructure, That means recognition of the legitimacy can only come from the public, whether legislative, law enforcement, Judicial Conduct also depend on the legitimacy of public opinion; Meanwhile, democracy needs the support of the legal system. entities from the rule of law and democratic procedures should guarantee the realization of a democratic society it is not so, it is the rule of law.Section two: the relationship between the public sphere and the rule of law. The effective realization of a democratic public sphere is one way, and also have a major impact on the rule of law. The rule of law is the source of legitimacy of the public sphere, the public is in the public sphere, "public opinion" is the only legitimate source of law. Because of this law should protect this democratic front.Part three: the emergence and development of China's public sphere It is inseparable from the public sphere of modern society. rise in the development of contemporary Chinese society, and further liberalization of the economy, to further democracy and the rule of law. promote the progress of science and technology due to the arrival of the era of the information network. China's public sphere has become China's public pursuit of democracy and the rule of actual performance.Part four: Relation of rise of china`s public sphere and rule of law Section one: the rise of China`s public sphere is result of people`s pusuit .the building of the sect. China's pursuit of democracy and the public sphere is an inevitable result of the rise. Only with economic development, social diversification and diversification of interests. They asked a state separate from the national integration, democracy and the rule of law has enabled the Chinese public sphere rise. China has become the public domain and have people continue to pursue democracy and the rule of law in the area of social life. thus link the state and society.Section two : Chinese public sphere specific impact of the rise of the rule of law.First, the public sphere is the basis of legitimacy and political acts. Whether it is legislation, law enforcement, judicial branches of the public sphere needed to ensure its legitimacy.Second, the public sphere is conducive to the emergence of a balanced, liberal democracy, the realization of the right of power constraints, of the social constraints.Third, the emergence of the public sphere to expand the social foundation of the rule of law, enhancing awareness of the rights of citizens. Fourth, the rule of law will lead to the emergence of the public sphere development patterns. The rule of law is the rule of law and the rule of law, the unity of the country and society from the public led to the ideal state of the rule of law is the rule of law. The rise in the public domain today. Public exchanges in the field of public freedoms and expression of "public opinion" to the state legislation, law enforcement, judicial, legal and political acts have a tremendous impact. More directly under national law of the popular public sphere, in accordance with the views of the public to amend, repeal, All these show the public sphere inevitably lead to the emergence of legal development patterns.Section three : The rise of China's rule of law demands the public sphere. Public shpere to play in a modern society based on democracy and the rule of law restricting mechanism, it is equally in need of legal protection. Must be determined by the laws enacted; To establish the authority of law in society; State organs to strictly abide by the law; finer public supervision; guarantee of the civil rights principles.